By Daisuke Wakabayashi
SAN JOSE, Calif.--- Samsung Electronics Co. opened its defense
against Apple Inc.'s patent infringement charges by turning to
Google Inc., which maintains it didn't copy anything from the
iPhone in creating the Android operating system.
The sixth day of the high-stakes patent trial between the two
technology giants featured testimony by Google Vice President
Hiroshi Lockheimer, who oversees the engineering of the Android
software used by Samsung and other smartphone makers. He said
Google had been working on many of the software features in dispute
in the trial before Apple introduced the iPhone in 2007.
"We like to have our own identity. We like to have our own
ideas," said Mr. Lockheimer, who said Google started working on the
mobile-phone operating system in 2005. He joined the team in April
2006.
Google's participation adds a new element to the long-running
patent feud between Apple and Samsung. The Web search giant's free
software has helped manufacturers develop smartphones with many
features that resemble those associated with the iPhone. But Google
has largely been a figure in the background; Apple hasn't sued the
company, choosing instead to target hardware companies such as
Samsung and HTC Corp. that sell Android-based phones.
Samsung lawyers tried to assert that Google created the features
in question independently of Samsung. Apple has argued that Google
isn't a defendant in the case and that it was Samsung who made the
decision to copy the iPhone.
Google's testimony helps provide South Korea-based Samsung a
Silicon Valley connection. Samsung needs to win over a jury
listening to testimony in a federal courtroom just 10 miles south
of Apple's headquarters in Cupertino, Calif. Jurors in a prior case
brought in the same court ruled against Samsung.
This jury will determine whether Samsung infringed on software
patents held by Apple, which is seeking damages of $2.2 billion.
Samsung says that four of the five patents at issue in the case
cover features that Google already had in the works.
Documents revealed earlier in the trial show the intensifying
rivalry between Apple and Google with Apple's co-founder Steve Jobs
declaring a "holy war" against Google in one email. However, patent
experts said it is easier and potentially more lucrative for Apple
to go after manufacturers in court than Google, because the
Mountain View, Calif., company doesn't charge for Android.
Apple wrapped up its case earlier Friday with Christopher
Vellturo, an economist and its damages expert, laying out the case
for why it deserves the $2.2 billion damages award. By his
analysis, Mr. Vellturo said the infringement had cost Apple $1.07
billion in "lost profits" and that it deserved an additional
"reasonable royalty" of $1.12 billion.
Google's Mr. Lockheimer, in testimony that resembled how Apple's
engineers described the long hours spent developing the iPhone,
said Android was formed by a small team dedicating up to 80 hours a
week for its creation. "We worked very hard and it was very
start-up like," he testified.
The Google executive also recalled how manufacturers were
surprised in early meetings about the search giant's intention to
create a mobile operating system.
"They quickly realized that we weren't joking around," Mr.
Lockheimer said.
Samsung's lawyers also sought to highlight that Google and
Samsung, while partners, don't work together to roll out new
software features. Mr. Lockheimer said there have been times when
Samsung asked for specific changes to Android and Google
refused.
Write to Daisuke Wakabayashi at Daisuke.Wakabayashi@wsj.com
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